1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED?
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. DATA SECURITY
7. DATA RETENTION
8. YOUR LEGAL RIGHTS
1. Important information and who we are
This website is not intended for children and we do not knowingly collect data relating to children.
Email address: email@example.com
Postal address: Wayback, Pinewood Hill, Fleet, GU51 3AW.
Telephone number: 01252 950 881
At Candice Anderson Properties, we take your privacy seriously and we hope to always meet or exceed your expectations. However, if you have any concerns, we would encourage you to contact us in the first instance. We will always do our best to resolve any issue and reassure you. If you remain unsatisfied, you have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
You may request additional third party services from us such as insurance or utility services. You will only be contacted by third parties directly in relation to the third party services you have requested.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
· Identity Data includes first name, last name, username or similar identifier, title, proof of identification: photographic ID and proof of address which could include your driving licence, passport, bank statement or a utility bill.
· Contact Data includes billing address, delivery address, email address and telephone numbers.
· Financial Data includes bank account and payment card details as well as mortgage agreements, proof of savings, or income details including details of any housing benefit.
· Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
· Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
· Usage Data includes information about how you use our website, products and services.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
Copies of ID and proof of address for every client and customer is held by us in order to comply with the Anti-Money Laundering Regulations 2007 (Updated 2017). Failing to provide us with ID and proof of address will result in us not being able to act for you.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
· Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you
· apply for our services;
· create an account on our website;
· subscribe to our service or publications;
· request marketing to be sent to you;
· give us feedback or contact us.
· Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
· Third parties or publicly available sources. We may receive or obtain personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
(a) analytics providers such as Google;
(b) advertising networks; and
(c) search information providers
· Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
· Identity and Contact Data from data brokers or aggregators.
· Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal obligation.
Why your data is collected
We will need your personal information to provide you with the services you have requested from us. These services will include:
· Updating you on the marketing of your property.
· Informing you on properties that are available.
· Updating you in relation to the progress of your transaction.
· Managing your property.
New home sales
Where we are acting for a corporate client for the purpose of sales, but particularly in regards to new home sales, we may be required to ask potential buyers to complete an ‘offer form’ which will be forwarded to our client for their purposes and records. We will always make potential buyers aware if they will be required to complete a form that will be shared with our client.
If requested by you, we may ask for your permission to share your personal information with third party companies that we work with, in order for them to offer you their relevant products and services.
If we are compelled to do so for any other law, regulation or legislation; Any such data will be held and processed in the same way and to the same standard as set out here in all respects.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message.
We will process your personal information for legitimate business purposes, which may include some or all of the following:
· Providing or promoting the services as Estate Agents and Letting Agents that we offer and/or you have requested.
· Enhance, modify, personalise or otherwise improve our services, communications and security for the benefit of our customers.
· To provide electronic, telephone and postal communications which we think will be of interest to you.
· To identify and prevent fraud.
Where a contract, either written or verbal, exists between you and us, we will process your personal data in order to fulfil our contractual obligations to you. This will also apply where you have asked us to do something before entering into a contract with us. For example, requesting a valuation of your property. We will process your data in a way that is relevant and proportionate to the purpose of the contract you have with us.
Where you have opted in to receive marketing communications and other property related news from us, we will process your data on the basis that you have provided consent for us to do so. You can withdraw your consent at anytime by contacting us on firstname.lastname@example.org.
Should there be a necessity for us to hold any sensitive personal data, as defined by Article 9 of the GDPR, or any information with regards to criminal conviction, we will handle any such data with particular care and prudence.
You have the right to withdraw consent to marketing at any time. If you no longer want us to contact you with marketing information, you can email us on email@example.com. Alternatively, you can ask us to stop sending you property alerts by clicking ‘unsubscribe’ at the bottom of any of our marketing emails.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
Only upon your request, we may share your personal data with third parties who provide specific services.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We will not pass your data to third parties without your permission and we will not sell your data to any other organisations.
6. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see ‘Your Legal Rights’ below for further information.
8. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
· Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. We will normally provide this information free of charge and within one month of the request. If we feel your request is manifestly unfounded or excessive then we may charge a reasonable fee and/or if your request is complex or numerous requests are made then we can extend the timescale by a further two months. If we refuse to comply, we will explain why and give you the details of the supervisory body you can complain to.
· Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
· Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
· Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. However, normally, we will stop processing your data on receipt of your objection and free of charge.
· Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
If processing your data is restricted either at your request or by our decision, for any reason as set out in the GDPR, we will continue to hold your data but we will not process it until the restriction is lifted.
· Request access to data portability of your personal data. We may process some of your data by an automated means and if you want to request a copy of that information in a portable format, we will provide that free of charge, within one month of your request. If the request is complex or numerous requests are made, we may extend that timescale to two months.
· Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
· Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please email us on firstname.lastname@example.org
We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
External Third Parties
· Service providers acting as processors based in the United Kingdom who provide Surveyor services, Interior Design services, Building services, Plumbing & Electrical services, Cleaning services, Garden services.
· Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
· HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
· Other third parties such as the Financial Ombudsman, Right Move, Zoopla, LinkedIn, On the Market and Get Agent.